Last modified 09/29/2022
This Agreement governs your use of Capital One’s data sharing services (the “Service”). We refer to Capital One and its affiliates and related entities as “we,” “us” or “our.” This includes Capital One Financial Corporation, Capital One, N.A. and each of their successors, assigns, agents, and representatives. Capital One’s offices are located at 1680 Capital One Drive, McLean, Virginia.
Before using the Service, please read this Agreement. You accept this Agreement by using the Service. If you don’t accept these terms, you may not use the Service.
This Agreement is in addition to other agreements that may apply to you, including your Capital One credit card, checking, savings, and/or auto loan account(s) (“Account” or “Accounts”) agreements and including our Online Banking Terms and Conditions. If there is a conflict between this Agreement and other policies or terms, solely as they apply to the Service this Agreement governs. The terms of this Agreement are not intended to modify any disclosures or other terms that are required by law. Please also visit www.capitalone.com/privacy for information about how Capital One collects, uses, and discloses personal information in connection with the Service.
- How it Works. The Service allows you to request and authorize Capital One to share Data (defined below) about your Account with third parties (“Company” or “Companies”).
- Data We May Share. “Data” means information about you and your Account, and may include:
We will only share Data you identify in your request and authorization. You are responsible for ensuring the Data is current and accurate. If you need to update any Data before it is shared, use our online tools or contact us. Some Accounts and Data may not be eligible for the Service.
- Information about anyone associated with your Accounts, including name, address, and contact information;
- For business Accounts, information about your business, including business name, address, and contact information; and
- Information about your Account, including Account name, type, number, balance information, transaction history, and payment history.
- One-time and Continuous Sharing; Revoking Authorization. You may ask and authorize us to share your Data with a Company once or on a recurring or ongoing basis (“continuous sharing”). If you authorize continuous sharing, we will make Data available to the Company until the authorization expires or is revoked. You can revoke your authorization for continuous sharing at any time on the Capital One website. A revoked authorization may take time to take effect. Once effective, it will apply going forward unless you provide another authorization.
- Authentify from Early Warning Services. Authentify is a service provided by Early Warning Services, LLC (“Early Warning”). Authentify allows certain Capital One customers to provide Data to other Companies for identity verification and authentication purposes. This section applies when you use the Service for an Authentify transaction.
- Authentify’s Collection of Information. If you use Authentify through the Service, Early Warning will capture some information about the transfer of Data. This includes a unique identifier used to maintain a record that a transfer has occurred. Early Warning will also collect information about the mobile device or internet browser you use to access the service. Early Warning may use this information to prevent and detect security threats. This includes any prohibited or illegal activities related to the Authentify service.
- Third-Party Beneficiary. By using Authentify, you acknowledge and agree that Early Warning is an intended third-party beneficiary of this entire Agreement. It has the right to enforce any and all provisions of this Agreement directly against you.
- Changes or Amendments. We may change, suspend, or discontinue the Service, or any part of it, at any time without notice. We may amend this Agreement at our sole discretion by posting revised terms on our website at https://www.capitalone.com/digital/datasharing-terms-conditions/. Unless otherwise indicated, when you use the Service after the effective date of the revised Agreement, you accept the terms.
- Termination. Your rights under this Agreement will cease without notice if you fail to comply with any of its terms. In such a case, we may immediately stop your access to the Service.
- Notices. We may provide you with notices related to the Service by email, text message/SMS, regular mail, or postings on the websites or apps related to the Service. By providing your mobile number, you consent to receive autodialed and prerecorded / artificial calls, including text messages, from Capital One and its agents. Message and data rates may apply. Your use of the Services is subject to the consent you provided to the Electronic Communications Disclosure (“eCommunications Disclosure”). This allows us to provide you with certain communications and other records electronically.
- Tech Support. Capital One may not be able to provide support for the Service. If Capital One provides support, it will be in addition to other support for your Account. You agree to any support rules, policies, and determinations.
- Feedback. You agree that any suggestions, comments, and feedback you submit to Capital One (“Feedback”) shall be the property of Capital One. Capital One is free to use any Feedback without any restriction of any kind. This includes without limitation the right to reproduce, display, transform, distribute and create derivative works. Capital One can also use any ideas, concepts, know-how or techniques in such Feedback for any purpose.
- Disclaimer of Warranty. SUBJECT TO APPLICABLE LAW, CAPITAL ONE PROVIDES THE SERVICE "AS IS." CAPITAL ONE MAKES NO EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION. CAPITAL ONE DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. NO ORAL OR WRITTEN ADVICE OR INFORMATION GIVEN BY US CREATES ANY KIND OF WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
- Responsibilities Between the Parties. You understand and agree that: (1) the Company (and not Capital One) is solely responsible for what happens to Data once the Data is in the Company’s possession; (2) unless we specifically state otherwise, we do not endorse, support, or offer the Company's products or services; (3) we have no responsibility to monitor the Company’s use of Data; and (4) you will not hold us in any way responsible for Company’s use of Data. It's possible that the Company will keep Data forever, or use it to market to you, repackage it, lose it, or even sell it.
- Limitation on Liability & Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ASSUME ALL RISK THAT MAY RESULT FROM YOUR USE OF THE SERVICE. YOU AGREE NOT TO HOLD US LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATING TO YOUR ACCESS OR USE (OR INABILITY TO ACCESS OR USE) THE SERVICE, REGARDLESS OF WHETHER A CLAIM IS BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY. THIS INCLUDES WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES. THE SERVICE MAY SOMETIMES BE DOWN, DELAYED, INTERRUPTED, OR NOT WORK PROPERLY. CAPITAL ONE IS NOT LIABLE TO YOU FOR ANY INTERRUPTIONS OR UNAVAILABILITY OF THE SERVICE. CAPITAL ONE HAS NO OBLIGATION TO CORRECT ANY BUGS, DEFECTS, OR ERRORS IN CONNECTION WITH THE SERVICE.
IF YOU ARE DISSATISFIED WITH THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SERVICE.
IN STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, OUR LIABILITY IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW BUT SHALL, IN NO EVENT, EXCEED TEN DOLLARS ($10).
- Indemnification. You agree that you are personally responsible for your conduct while using the Service. You agree to indemnify, defend, and hold harmless Capital One and our respective owners, affiliates, directors, officers, employees and agents from claims, losses, expenses, liability, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, caused by, or arising out of your use, misuse, or inability to use the Service. This includes any violation by you of these terms. This provision will survive the expiration or termination of this Agreement.
- Governing Law; Jurisdiction; Venue: Virginia law governs this Agreement without regard to its conflicts of law principles, subject to applicable law. To the extent permitted under any applicable law, this Agreement will not be subject to the Uniform Computer Information Transactions Act as codified or amended. You irrevocably and unconditionally submit to the jurisdiction and venue of the United States District Court for the Eastern District of Virginia. If this court does not have subject matter jurisdiction, then you submit to the courts of Virginia located in Henrico or Fairfax County.
- SPECIAL NOTICE FOR CALIFORNIA USERS. Under California Civil Code Section 1789.3, certain users of the Services from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at:
Attn: Legal Notice
PO Box 30285
Salt Lake City, UT 84130-0285
- Capital One’s Intellectual Property. Capital One owns the intellectual property rights related to or used in connection with our Service. This includes patents, trade secrets, copyrights, and trademarks. All other intellectual property rights are the property of their respective owners. Nothing in this Agreement gives you any rights with respect to any intellectual property rights owned by Capital One or others. All other trademarks and graphics are the property of their respective owners.
- Severability. If any part of this Agreement is void or unenforceable, all remaining terms shall remain valid and enforceable.
- Non-Waiver. We shall not be deemed to have waived any of our rights or remedies unless such waiver is in writing and signed by us. No delay or failure on our part to exercise any right or remedy shall be a waiver of that or any other right or remedy. A waiver on any particular occasion shall not be construed as a bar or waiver of any rights or remedies in the future.